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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of                   )
                                                            )
South Central Communications       )
Corp.                              )   File Number EB-02-AT-232
                                  )
Owner of Antenna Structure         )  NAL/Acct. No.200232480008
Registration No. 1043695 at        )
Sevierville, Tennessee             )           FRN 0002-9009-26
                                  )
Knoxville, Tennessee


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  June  25, 
2002 

By the Enforcement Bureau, Atlanta Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that South Central Communications Corp. (``South Central''), 
owner of antenna structure no. 1043695 in Sevierville, Tennessee, 
willfully  and   repeatedly  violated   Sections  17.51,   17.23, 
17.48(a), and 17.47(a)(2) of the Commission's Rules (``Rules''),1 
by  failing  to  exhibit  the  prescribed  obstruction  lighting, 
failing to  conform  to  the  prescribed  painting  and  lighting 
specifications,  failing   to   notify   the   Federal   Aviation 
Administration (``FAA'') of the  extinguishment of the  structure 
lights, and  failing to  maintain  an operating  automatic  alarm 
system to indicate when the structure lighting is not  operating. 
We find South Central Communications Corp. apparently liable  for 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On May  15, 2002,  an agent  from the  FCC  Enforcement 
Bureau's  Atlanta  Office  (``Atlanta  Office'')  inspected   the 
antenna structure during daytime hours and after local sunset  at 
8:30 P.M.  EDT.   The  agent  observed  that  the  structure  was 
unpainted and  that  there  were  no  daytime  strobe  lights  in 
operation.  After sunset  the agent observed  no red  obstruction 
lighting on the  structure.  The  Antenna Structure  Registration 
(``ASR'') specifies that the structure be painted and exhibit red 
obstruction lighting at night.

     3.   On May 16, 2002, an agent from the Atlanta Office again 
inspected the  antenna structure  during  the daytime  and  again 
observed  no  operating  daytime  strobe  lighting.   ASR  number 
1043695 was posted near the base of the structure.  Contact  with 
the FAA Flight Service Station in Nashville, Tennessee  indicated 
that the extinguishment of the lights had not been reported.

     4.   On May  21, 2002,  the  agent contacted  the  structure 
owner's representative  and  chief  engineer  and  advised  South 
Central that  the  lighting  on the  antenna  structure  was  not 
functioning and that the structure was not painted and marked  as 
specified on the ASR.   The ASR specifies  that the structure  be 
marked in accordance  with FAA  Chapters 3, 4,  5, and  9 of  FAA 
Circular  Number  70/7460-1G,  which  requires  painting  of  the 
structure and red obstruction lighting at night. South  Central's 
representative stated  that  the  structure  had  been  purchased 
unpainted from  a  former  owner,  and  that  South  Central  had 
installed medium intensity  strobe lighting on  the structure  to 
operate 24 hours a day.  Furthermore, the structure's lighting is 
monitored by an  automatic alarm system,  which detects power  to 
the lights, but cannot detect actual failure of the bulbs.  Thus, 
South Central was unaware of the failure of the strobe  lighting.  
South Central also stated that the  FAA had not been notified  of 
the light outage because they were unaware of the outage.


                        III.  DISCUSSION

     5.   Section  17.51   of  the   Rules  requires   prescribed 
obstruction lighting be exhibited  from sunset to sunrise  unless 
otherwise specified. Additionally, all high intensity and  medium 
intensity obstruction  lighting shall  be exhibited  continuously 
unless otherwise specified. The antenna structure was observed on 
May 15, 2002  during the daytime  and after sunset  at 8:30  P.M. 
with its obstruction  lights not functioning.  The structure  was 
observed again  on  May 16,  2002  during the  daytime  with  its 
obstruction lights not functioning.  South Central admitted  that 
they were  unaware of  the light  outage and  that the  automatic 
alarm system  had failed  to  notify them  of the  light  outage.  
Section 17.23  requires  the owner  of  an antenna  structure  to 
conform to  the mandatory  painting and  lighting  specifications 
contained in the FAA Advisory  Circular that is specified in  the 
Antenna Structure  Registration  (ASR).   The  antenna  structure 
bearing registration number  1043695 observed on  May 15 and  16, 
2002, was  not  painted  and had  no  red  obstruction  lighting.  
Section 17.48(a) requires the owner of an antenna structure which 
has been assigned lighting  specifications to report  immediately 
to  the  nearest   Flight  Service   Station  of   the  FAA   any 
extinguishment of any  top steady burning  light or any  flashing 
obstruction light,  regardless of  its  position on  the  antenna 
structure, that  is not  corrected within  30 minutes.   From  at 
least May 15 through May 21, 2002, South Central had not reported 
the light outage  to the FAA.   Section 17.47(a)(2) requires  the 
owner of any  structure which is  registered with the  Commission 
and has  been assigned  lighting  specifications to  provide  and 
properly maintain an  automatic alarm system  designed to  detect 
any failure  of such  lights and  to provide  indication of  such 
failure to the owner.  From at least May 15 through May 21, 2002, 
South Central's alarm system  could not detect  a failure of  the 
bulbs in the lighting system.

     6.   Based on the evidence before us, we find South  Central 
willfully2  and  repeatedly3  violated  Sections  17.51,   17.23, 
17.48(a), and  17.47(a)(2) of  the Rules  by failing  to  exhibit 
prescribed  obstruction  lighting,  failing  to  conform  to  the 
prescribed  painting  and  lighting  specifications,  failing  to 
notify the FAA of the extinguishment of the lighting, and failing 
to maintain an automatic alarm system which can detect failure of 
the lighting.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture amount for failure to comply with prescribed  lighting 
and marking  is $10,000.  In  assessing the  monetary  forfeiture 
amount, we must also take into account the statutory factors  set 
forth in Section 503(b)(2)(D) of the Communications Act of  1934, 
as amended (``Act''),  which include  the nature,  circumstances, 
extent, and gravity  of the  violation, and with  respect to  the 
violator,  the  degree  of  culpability,  any  history  of  prior 
offenses, ability to pay, and  other such matters as justice  may 
require.5  Considering the entire record and applying the factors 
listed above, this case warrants a $10,000 forfeiture.


                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 South Central Communications Corp. is hereby NOTIFIED  of 
its APPARENT  LIABILITY FOR  A FORFEITURE  in the  amount of  ten 
thousand dollars ($10,000) for willful and repeated violation  of 
Sections 17.51, 17.23, 17.48(a), and 17.47(a)(2) of the Rules, by 
failing to  exhibit the  prescribed obstruction  lighting on  its 
antenna structure, failing to conform to the prescribed  painting 
and lighting specifications,  failing to  notify the  FAA of  the 
extinguishment of  the  lighting,  and  failing  to  maintain  an 
automatic alarm system which can detect failure of the lighting.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the RELEASE DATE of 
this Notice Of Apparent  Liability, South Central  Communications 
Corp. SHALL PAY  the full  amount of the  proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     10.  Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. and FRN referenced above.  Requests for payment  of 
the full amount  of this  Notice of Apparent  Liability under  an 
installment  plan  should   be  sent  to:   Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.8

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street  SW,  Washington  DC  20554,  Attn:  Enforcement   Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct. 
No. referenced above.  

     12.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.  

     13.   IT IS FURTHER  ORDERED THAT a copy  of this Notice  Of 
Apparent Liability shall  be sent by  regular mail and  Certified 
Mail Return  Receipt Requested  to South  Central  Communications 
Corp., 1100 Sharps Ridge Road, Knoxville, TN 37917.   




                         FEDERAL COMMUNICATIONS COMMISSION



                         Fred L. Broce
                         District Director
                         Atlanta Office, Enforcement Bureau      
_________________________

1 47 C.F.R  17.51, 17.23, 17.48(a), and 17.47(a)(2).

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that ``[t]he term `willful', 
when used with reference to the commission or omission of any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision of 
this Act ....''  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).

3 The term ``repeated'' means the commission or omission of an 
act more than once or, if such commission or omission is 
continuous, for more than one day.  47 U.S.C.  312(f)(2).

4 47 C.F.R.  1.80(b)(4).

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.